We are pleased to offer you a hobbyist contract with My CX, a division of The TKW Collective (the Company) in the position of a Mystery Shopper.
Standard Conditions of Contract for Mystery Shoppers
1. Hobbyist Agreement
You do not need to declare the amounts you make from your hobby (mystery shopping) to the Australian Tax Office (ATO). You cannot claim a deduction for any losses from your creative work as a hobbyist. You do not need to keep records of your hobby for the ATO, however it is good practice to keep records in case your circumstances change. You do not need an ABN for a hobby.
The Company cannot guarantee you regular work.
You will be offered work by the Company from time to time when such work is required. The Company has no obligation to offer you further work after the completion of a period of work.
You will have the ability to accept or decline offers of work.
These will vary for each program and job. You will be informed of your responsibilities at the commencement of each job online or by the Company’s Project Manager. You are required to carry out all the duties to the best of your skill and ability and will discharge such other duties as may be delegated or assigned to you by the Client as directed.
3. Hours of Work
Your hours will vary as notified online by the Company. You will be able to accept or decline offers of work and accordingly, you will have and maintain control over your own hours of work. This is available via the My CX portal.
4. Piecework Agreement
You and the Company mutually agree:
(a) That the work to be performed is task based mystery shopping.
(b) You will be engaged as a hobbyist.
(c) This agreement will start when you electronically accept the terms and conditions.
(d) For each mystery shopping task, a flat rate will be set based on our assessment of the time that the mystery shop including the report writing.
(e) The piece rate will vary depending on the task to be performed and you will be able to view the specific piece rate per task when you are offered work online by the Company.
(f) If you accept the task offered to you, the piece rate will be the rate you accepted when you accepted the work.
5. Relationship with Modern Award
For Mystery Shoppers, there is no Modern Award that applies to this particular kind of work.
The total payment for each Mystery Shop is inclusive of all costs associated with the job. You may be reimbursed for expenses reasonably incurred by you in the performance of your duties, subject always to the approval of the Company’s Project Manager. You will be informed of this amount at the commencement of the program online or by one of the Company’s Project Managers.
7. Conflict of Interest
One of the essential terms of the service we offer to our clients is that “mystery” shoppers are anonymous and not-identifiable when performing the duties. For this reason, we require you to promise us that you have no conflict of interest when you are performing the duties we offer to you.
You have a conflict of interest if:
• You are a current or previous employee of the business, retail brand, store or site you are engaged to visit;
• You are a current employee of one of the Company’s competitors; and
• You have any previous or current business or personal connections present when performing the duties e.g.: you are friends with a Staff Member in the store selected for the visit.
You promise that you will not ‘accept’ the job if there is the possibility that you could be identified or in any other way compromise your anonymity when performing the duties.
If a conflict of interest arises you promise to immediately contact the Company’s Project Manager immediately to advise them of the conflict of interest. The Company’s Project Manager will take steps to manage the conflict appropriately, including excluding you from jobs that are affected by the conflict of interest.
Our clients are entitled to check with us to make sure that the mystery shoppers we provide to them are in fact anonymous and not-identifiable when performing the duties. In this regard your name and other basic the identifying details (such as date of birth) may be provided to our clients for the purpose of spot checking conflicts of interest. This information will not be retained by our clients and will be used for the purpose of spot checking conflict of interest only, then destroyed.
8. Key Performance Indicators (KPIs)
All Mystery Shoppers are required to complete their work in-line with the Key Performance Indicators (KPIs) for the job they are completing. Failure to meet any of the KPIs may mean that you do not receive payment for the job as it will be treated as incomplete. Additionally, if you fail to meet any of your KPIs on an on-going basis, the Company may cease to provide you with Mystery Shopping work.
9. Termination of Contract
The Company is under no obligation to continue to offer you further work after the completion of a task and you are under no obligation to accept work offered to you from time to time.
Otherwise, your contract may be terminated at any time by either party giving not less than four hours’ notice to the other.
This however does not affect the right of the Company to terminate your contract immediately where you:
a) Commit any serious or persistent breach of the terms and conditions;
b) Are guilty of serious misconduct including dishonesty;
c) Fail to comply with the Company’s reasonable directions;
d) Are in serious breach of the Company’s policies and procedures or the relevant Client Partner’s policy and procedures made known to you for the time being in force;
e) Breach confidentiality; or
f) Commit any behaviour which in the reasonable opinion of the Company is prejudicial to the business or interests of the Company or the Client.
10. Leave Entitlements
This does not apply to hobbyists.
11. Notification of Illness
You must notify the Company prior to 9:00am if you are unable to perform a task that you agreed to perform that day or to work as planned due to illness or other exceptional circumstances, and inform the Company of the estimated duration of absence.
The Company will contact you via email, text message, and phone as part of your contract. Failure to contact the Company by midnight on the day of a request being lodged may result in loss of payment for a completed job. Failure to be contactable on an ongoing basis may result in your removal from our database.
13. Prohibition on Contras
The Company may cease offering you work or may terminate your contract without notice if you are found to have acted in breach of any written policy of the Company or any policy of the relevant client that has been made known to you and with which you have been advised that you are required to comply.
For the avoidance of doubt, you are specifically prohibited from entering into “contra” arrangements with any person, under which you gain a personal benefit of money, products, goods or services or any other valuable consideration.
All information provided by the company and any of its clients, is to remain confidential and you will not disclose or duplicate these materials except for the express purpose of conducting your work.
Under no circumstances is any use to be made of this information except for the purposes directly related to furthering the business objectives of the Company and / or the client and provided that the prior consent of the Company has been obtained prior to such use occurring.
You will treat as confidential, any results, observations and information collected throughout the course of your contract with the Company, and not disclose these to any other parties, unless specifically instructed by the Company. You will not, for so long as you are engaged by the Company, perform work or provide services to any person, entity or business which is competitive with any business carried on by the Company or its clients, without consent from the Company.
15. Work Health and Safety
It is a condition of your contract that you comply with all relevant Federal and State work health and safety laws to provide a safe and healthy workplace for yourself, other workers, customers and visitors.
16. Work Entitlement
Pursuant to the Migration Act 1958 it is a requirement for all workers to provide proof of entitlement to work in Australia.
If your entitlement to work is subject to a visa, your visa must remain current during the course of your contract. The Company reserves the right to check the validity of your visa from time to time. It is your responsibility to inform the Company if there is any change to the status of your visa and your right to work in Australia.
If your visa expires or is no longer valid, your contract with the Company will cease immediately.
Superannuation does not apply to hobbyists.
My CX is a division of The TKW Collective Pty Ltd (ABN 12 781 566 028)
Accept by signing digitally and having a confirmation that they are not a robot.